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Pennsylvania
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April 10, 2024
DA Says SEPTA Prosecutor Law Unfairly Singles Out Philly
An attorney for Philadelphia District Attorney Larry Krasner told a Pennsylvania appellate court Wednesday that a law mandating a "special prosecutor" within the Attorney General's Office to handle crimes within the Southeastern Pennsylvania Transportation Authority had unfairly and unconstitutionally singled out Philadelphia and his office.
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April 10, 2024
Chase, Zelle Can Arbitrate Stolen-Funds Reimbursement Case
A Pennsylvania federal judge on Tuesday granted Chase Bank and Zelle's request to arbitrate customer claims they acted negligently and violated consumer protection laws by refusing to refund stolen funds, with the judge saying that relevant virtual terms of service required by Chase are valid, and that Zelle may enforce the agreement as a third-party beneficiary.
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April 09, 2024
Philips, Feds Enter Consent Decree Over Sleep Apnea Devices
Philips Respironics can't make sleep apnea breathing machines until it hires an independent monitor, undergoes inspections and meets its obligations under a plan to remediate patients affected by a 2021 recall of such devices, the U.S. Department of Justice and U.S. Food and Drug Administration announced Tuesday.
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April 09, 2024
What's In The Norfolk Southern $600M Derailment Deal
Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.
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April 09, 2024
Insurers Can Expect Scrutiny Over AI Use, Pa. Agency Says
Pennsylvania insurers can expect to receive scrutiny over their use of artificial intelligence tools, the state's insurance department said in guidance that urges companies to take measures to minimize discrimination, inaccuracies and potential harms to consumers.
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April 09, 2024
Equitrans Hit With $1.1M Pollution Penalties In Pennsylvania
The Pennsylvania Department of Environmental Protection unveiled more than $1.1 million in civil penalties against Equitrans Midstream Partners LP on Tuesday for violations related to the company's uncontrolled gas release from its Rager Mountain natural gas storage field in Cambria County.
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April 09, 2024
Pa. Panel Won't Undo Town Election Due To Missed Deadline
The Pennsylvania Commonwealth Court said supporters of a candidate for the Towamencin Township Board of Supervisors missed their deadline to challenge Montgomery County's decision to count contested mail-in ballots, which had turned the incumbent's narrow win last November into a tie that his opponent won in the tiebreaker.
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April 09, 2024
Gun Shield Law Constitutional, Arms Co. Tells Pa. High Court
Springfield Armory Inc. has asked the Pennsylvania Supreme Court to undo a ruling that it was not immune from product defect claims filed by the family of a boy who was shot by a friend thinking one of the company's guns was unloaded, arguing that Congress intended to prevent such lawsuits with the Protection of Lawful Commerce in Arms Act.
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April 09, 2024
Spirit Flies Away From Wiretap Suit Over Site User Tracking
Spirit Airlines has beaten, for now, a consolidated proposed class action alleging that it flouted privacy and wiretapping laws by gathering its website users' communications after a Pennsylvania federal judge said the plaintiffs haven't responded to Spirit's argument that its software doesn't gather personal information and accordingly suffered no injury and lack standing.
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April 09, 2024
Pittsburgh Schools Sue To Force Countywide Reassessment
The school district serving the city of Pittsburgh has filed a lawsuit in state court to compel Allegheny County to conduct a countywide reassessment of real estate values, arguing that taxation starting from a 12-year-old base level is putting homeowners in some neighborhoods at an unfair and unconstitutional disadvantage.
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April 09, 2024
'Education Lawyers' Challenge Isn't Over At TTAB, Firm Says
Jacobson & John LLP's claim that its use of the marketing phrase "The Education Lawyers" has gone unchallenged for five years blatantly misled a Pennsylvania federal court about the phrase's incontestability as a trademark, according to a rival firm's bid to keep its trademark challenge alive there.
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April 09, 2024
NJ Justices To Hear If Philly Archdiocese Subject To NJ Court
The New Jersey Supreme Court will determine whether the Archdiocese of Philadelphia is subject to Garden State courts in a lawsuit alleging a former priest sexually abused a teenager at the former priest's Jersey Shore house decades ago.
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April 09, 2024
16 States Seek To Defend EPA Particulate Matter Rule
A coalition of 16 states, New York City and Washington, D.C., has pushed to intervene before the D.C. Circuit in defense of the U.S. Environmental Protection Agency's recent final rule tightening federal standards for fine particulate matter pollution, as it faces challenges from industry groups and Republican-led states.
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April 09, 2024
California Can Set Own Emissions Standards, DC Circ. Says
The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.
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April 08, 2024
Feds Say Philly Clinics Billed For 'Impossible' No. Of Visits
The head psychiatrist at a group of Philadelphia mental health clinics allegedly billed Medicaid for enough "med check" patient visits that he would have exceeded the hours in a day if he had taken the state-mandated minimum of 15 minutes per patient, according to a federal False Claims Act suit filed Monday.
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April 08, 2024
Drexel Didn't Accommodate Exec's Disability, Suit Claims
Drexel University was accused Monday of discrimination by an administrator, who claimed its chief operating officer refused her request to meet one-on-one ahead of a group meeting with a subordinate and that the group meeting be held via telephone instead of video.
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April 08, 2024
GOP Candidates Jump Into NJ Ballot Design Fray
Four Republicans running for Congress in New Jersey filed a state lawsuit Monday seeking to compel the state's 21 county clerks to discard the "county line" ballot and use the "office block" ballot that a federal judge has mandated for Democrats in the June 4 primary.
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April 08, 2024
Insurer Fights 3rd Circ. Bid To Revive Crash Coverage Suit
An insurer has urged the Third Circuit to affirm that a Pennsylvania couple couldn't claim it had acted in bad faith by failing to immediately cover the husband's brain injuries from a crash with an underinsured motorist.
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April 08, 2024
Hotel Co. Comes Out On Top In Passover Fiasco Row
A bench trial over a "Passover celebration gone wrong" at a Pennsylvania hotel ended Friday largely in favor of the hotel operator, with $1,447.60 in contract damages for the caterer plaintiff offset by a $5,164.28 judgment in the hotel's favor for damages allegedly caused by guests who created plumbing issues.
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April 08, 2024
Taxi Hailing Cos. Settle Hidden Fees RICO Claims
Three taxi hailing companies have settled a proposed class action accusing them of conspiring to hit users who call for cabs using their tech products with hidden fees, according to a new order from the Eastern District of Pennsylvania dismissing the suit.
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April 05, 2024
Target, Major Employers Raise New Drug Price-Fixing Claims
Target Corp., Lowe's Cos. Inc. and American Airlines Inc. are among major employers that lodged new price-fixing claims in Pennsylvania federal court against dozens of pharmaceutical companies, accusing them of orchestrating illegal agreements to allocate customers and markets and fix the prices of hundreds of generic drugs for more than a decade.
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April 05, 2024
PNC Must Face Customer's Suit, Judge Says After Fixing Error
A federal judge in Philadelphia reissued an opinion Friday requiring PNC Bank NA to face a customer's breach of contract suit after an earlier decision mischaracterized parties involved in an alleged check-forging scheme as PNC employees.
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April 05, 2024
DC Circ. Says Gov't Changing Its Defense In Chinese Visa Row
A D.C. Circuit judge said Friday the federal government seemed to be changing its tune late in its defense of a district court judge's dismissal of a suit filed by three Chinese investors who'd tried to move ahead in the queue for EB-5 visas reserved for investors in infrastructure projects.
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April 05, 2024
Gunmakers Denied Stay In Mexico Lawsuit
Gunmakers hoping to get the U.S. Supreme Court to take up their effort to end a lawsuit by the Mexican government seeking to hold them liable for arming drug cartels can't make an end run around the First Circuit to pause the case while they wait, a Massachusetts district judge said on Friday.
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April 05, 2024
Families Fight To Keep Military Chopper Crash Suit In US
The families of six Canadian military personnel killed in a helicopter crash off the coast of Greece are urging a Pennsylvania federal judge to keep their liability claims against the aircraft's maker in the United States, arguing that the company's bid to transfer the case to Canada is a stalling tactic.
Expert Analysis
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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What FERC-PJM Negotiations Mean For The Energy Industry
Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Bracing For Rising Cyber-Related False Claims Act Scrutiny
Two recent cyber-related False Claims Act cases illustrate the vulnerability of government contractors, including universities, obliged to self-attest compliance with multiple controls, signal the importance of accurate internal controls and underline the benefits of self-disclosure, say Townsend Bourne and Nikole Snyder at Sheppard Mullin.
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A Cautionary Tale Of Flawed Debt Accounting And SEC Fines
The U.S. Securities and Exchange Commission's recent improper-accounting charges against Malvern Bancorp and its ex-CFO highlight crucial practice issues, including the need to objectively evaluate borrowers' credit, say attorneys at Arnold & Porter.
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Minn. Product Case Highlights Challenges Of Misuse Defense
The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Self-Disclosure Lessons From Exemplary Corp. Resolutions
With scant examples of corporate resolutions in the wake of U.S. Department of Justice self-disclosure policy changes last fall, companies may glean helpful insights from three recent declination letters, as well as other governmental self-reporting regimes, say Lindsey Collins and Kate Rumsey at Sheppard Mullin.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Post-Mallory, Calif. Personal Jurisdiction Unlikely To Expand
The U.S. Supreme Court's recent Mallory v. Norfolk Southern Railway decision, affirming that registration to do business in Pennsylvania means consenting to be sued in that state's courts, could prompt other states to experiment with similar laws — but such efforts would likely fail in California, say Virginia Milstead and Raza Rasheed at Skadden.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Employer Defenses After High Court Religious Bias Decision
Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.